2026 Precedential Decisions

A few years ago, the Board was issuing between 30 and 38 precedential rulings per year. In 2025, the Board issued 12. So far this year, the Board is on an even slower pace.

Section 2(a) - False Suggestion of a Connection:

• Precedential No. 4: TTAB Affirms Refusal of WEMBY for Athletic Apparel - False Connection with and Lack of Consent from the real Wemby

Section 2(c) - Consent to Register:

• Precedential No. 4: TTAB Affirms Refusal of WEMBY for Athletic Apparel - False Connection with and Lack of Consent from the real Wemby

Section 2(d) - Likelihood of Confusion:

• Precedential No. 6: "O EL CIELO VALLE DE GUADALUPE" Confusable with CIELO for Wine, TTAB Concludes
• Precedential No. 3: Ownership of Lapsed Registration No Justification for New Application for Same Mark and Goods/Services

Section 2(f): Acquired Distinctiveness:

• Precedential No. 5: Blue-and-White Stripes Trade Dress Lacks Inherent and Acquired Distinctiveness, Says TTAB

Section 23(c) - Functionality:

• Precedential No. 1: TTAB Finds 8-Slice Pancake Configuration Mark De Jure Functional

Nonownership:

• Precedential No. 7: Law Firm owns BIRTH JUSTICE logo, not the Associate who Conceived the Brand

Nonuse/Specimen of Use:

• Precedential No. 2: TTAB Upholds USPTO Reexamination Ruling: EVERWISE CREDIT UNION Registration to be Cancelled for Nonuse

Reexamination:

• Precedential No. 2: TTAB Upholds USPTO Reexamination Ruling: EVERWISE CREDIT UNION Registration to be Cancelled for Nonuse

Discovery/Evidence/Procedure:

• Precedential No. 8: Tribal Sovereign Immunity Inapplicable in Board Proceedings, Says TTAB

Text Copyright John L. Welch 2025.